R.B. Misra, Judge (oral).- The present appeal has come up for consideration after leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to the impugned judgment dated 25.02.2009, passed by the learned Special Judge (Sessions Judge), Kinnaur Sessions Division at Rampur, convicting the accused namely Bajinder Singh, for the offense under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and verdict was given on 25.02.2009, whereby the accused-respondent was convicted and sentenced to undergo for rigorous imprisonment for 10 years and fine of Rs, 1,00,000/ - under Section 20 of NDPS Act and in default of payment of fine, the appellant shall further undergo simple imprisonment for one year.

2. In order to adjudicate the present appeal, it is necessary to deal the prosecution story. As per prosecution story, on 02.01.2007 at about 9.30 A.M., PW-7 Rajinder Kumar, ASI/SHO, Police Station, Ani, in connection with routine patrol duty, was present in the area of Chamba nullah. PW-4 Pushap Dev H.C., PW-6 Sunder Singh Constable and Bhup Singh Constable had been accompanying PW-7. At such time, the